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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have left the family home 6 years ago and have been paying

Customer Question

I have left the family home 6 years ago and have been paying the mortgage and now finding hard to keep up the payments can i sell the house? as the x partner and children still live in the house. and i would like them to move out so i can sell the house as i cant keep up the payments
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist.
Please may I ask:
- were you married?
- is the property in your sole name?
- has your ex 1) paid mortgage, 2) deposit 3) renovation?
- how old are your children?
- how much equity is in the property?
Kind Regards
Caroline
Customer: replied 10 months ago.
- were you married? NO
- is the property in your sole name? Only in my name
- has your ex 1) paid mortgage, 2) deposit 3) renovation? - 1) No 2) No 3) Renovation small input
- how old are your children? 17,15,12
- how much equity is in the property? 60k in that
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
What would you say that the value was that your ex had added to the house?
Kind Regards
Caroline
Customer: replied 10 months ago.
Hi Caroline,
Its just painting and things like that, I will give her money when the house is sold that's not the issue I just want to the house to be soldThanks
Mohammed
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Mohammed
Thank you for confirming that for me.
This type of matter between unmarried couples is dealt with under the Trust of Land Act. Your ex is likley to have a very limited claim in respect of any value that she has added to property.
Even with such a limted claim - this doesnt make it an easy process for you to seel your property - given that your children are still under the age of 18.
If your ex wint agree to move out of the property then you can make an application to your local county court for an order that the property be sold. The court will consider the housing needs of your children when such an application is made and therefore there is no guarantee that such an order will be made.
Its worth seeing if you can agree matters with your ex - without the need for court by using Family Mediation. This can save a lot of time and costs. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Mediation will help you try and come to an agreement.
Please also be aware that because you have children together - your ex could make an application under Schedule 1 of the Children Act for provision of housing for your children. If the court made such an order then your interest of the property would be held on trust for the childrn until they reached 18 - then all your interest would revert back to you.
I know this isnt what you want to hear but its better for you to have the full picture.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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